No criminal record for businessman who ran black market poker game

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This article was published 12/04/2011 (5318 days ago), so information in it may no longer be current.

WINNIPEG — A Winnipeg businessman caught running a black market poker game will no longer bear the burden of a criminal record.

Livio Foianesi was one of 63 people arrested in 2007 as part of a major crackdown on illegal Texas Hold’em tournaments in the city. The vast majority were players found at various tables. Foianesi pleaded guilty to keeping a common gaming house and was given a $14,000 fine, which automatically registers as a conviction.

Foianesi, 46, had been seeking a conditional discharge, arguing his ability to travel and conduct business would be greatly impacted by any other sanction. He brought his case to the Manitoba Court of Appeal, which overturned the original sentence this week on the grounds it is too harsh. However, he does still have to forfeit $2,300 in cash seized by police, pay a $2,000 victim surcharge and perform 150 hours of community service work.

The high court said the fact this is believed to be the first case of its kind in Manitoba in at least 50 years is a sign the crime isn’t currently in need of widespread deterrence. They also noted the amount of publicity which followed the initial raids and arrests four years ago appears to have sent the required message.

Foianesi was described as an otherwise law-abiding citizen who wasn’t trying to flout the law but simply misunderstood it while trying to share his “love of the game” with others by starting up the club.

Winnipeg’s poker community was in an uproar after police seized almost $25,000 from the three locations raided. Two were card clubs in the Corydon area and a third a condo in Tuxedo. Police said they began targeting unlicensed Texas Hold’em poker tournaments in 2006 after the Manitoba Gaming Control Commission got several complaints about unapproved backroom games.

www.mikeoncrime.com